Mark Yurachek & Associates
Georgia Appellate Court Building
Appellate & Post-Conviction Law Firm

Appeals & Post-Conviction Relief

If legal errors affected the outcome of your case, an appeal or habeas corpus petition may provide a path to relief in Georgia and Federal courts.

  • Direct Appeals (State & Federal)
  • State & Federal Habeas Corpus (2254/2255)
  • Experienced Appellate Advocacy & Record Review

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Admitted to Practice In

All GA State & Appellate Courts All VA State & Appellate Courts U.S. District Courts (GA & VA) U.S. Courts of Appeal (4th, 5th, 6th, 11th) Supreme Court of the United States

Appeal rights can be lost if strict deadlines are missed.

Even when a case is complex, the appeal timeline usually begins immediately after sentencing. Knowing your window is the critical first step.

Georgia Notice of Appeal

30 days

Due within 30 days after entry of judgment (unless extended by a motion for new trial).

Federal Notice of Appeal

14 days

Due within 14 days after entry of judgment in federal criminal cases. There is almost no margin for delay.

Habeas Time Limits

1–4 Years

Typically 4 years for Georgia state habeas; 1 year for federal habeas from finality.

Lady Justice statue in front of law books

When Post-Conviction Relief Is a Viable Path

A direct appeal or habeas corpus petition is not a new trial. The court reviews the record to determine whether legal errors occurred and whether those errors require relief.

Convictions After Trial

You believe the judge made harmful legal rulings, or the process violated the law in a way that truly matters to the outcome.

Unlawful Sentences

Your sentence may not be authorized under Georgia or Federal law, or may involve legal errors in enhancements or conditions.

Constitutional Violations

If constitutional rights (Fourth, Fifth, Sixth Amendments) affected the fairness of the proceedings, appellate review is appropriate.

Plea Cases (Limited)

Some plea-related issues can be appealable, but they are very narrow and fact-specific. We can evaluate the record to see if grounds exist.

Mark Yurachek

Meet Mark Yurachek

Georgia's Leading Specialist in Post-Conviction Litigation

Mark Yurachek has focused his work on criminal appeals and post-conviction litigation for over two decades. Clients and trial lawyers seek Mark's counsel when the record matters, deadlines are tight, and the case requires strict appellate discipline.

Our Philosophy

Appellate work is fundamentally different from trial advocacy. It requires digesting massive records, identifying precise legal errors, and writing persuasive briefs that judges actually read.

Proven Experience

Mark has handled hundreds of appeals and habeas corpus petitions in state and federal courts, built on a deep understanding of procedural nuance and exhaustive record review.

How the Process Works

Every case is unique, but our strategic approach ensures every potential avenue for relief is thoroughly evaluated before the court.

1

Initial Review & Evaluation

We determine whether an appeal or habeas petition appear viable and whether deadlines are still open.

2

The Record on Appeal

Appeals rise or fall on the record: transcripts, exhibits, motions, orders, and filings.

3

Strategy & Issue Selection

Selecting focused issues that fit the record, standards of review, and path to relief.

4

Briefing & Oral Argument

Most appeals are decided on briefs. In some cases, oral argument may be granted.

5

Decision & Next Steps

Outcomes include reversal, new trial, or resentencing. If denied, post-conviction options may exist.

Common Issues Raised in Post-Conviction Relief

Not every error leads to relief. Courts look for preserved objections, the standard of review, and whether the error likely affected the outcome of your trial or sentence.

Trial Court Errors

Whether the court improperly admitted harmful evidence or excluded helpful defense evidence.

Jury Instructions

Misstatements of law or refusal to give requested charges affecting how the jury understood the law.

Prosecutorial Misconduct

Misconduct that fundamentally undermines the fairness of the trial and output.

Constitutional Rights

Fourth, Fifth, and Sixth Amendment issues including unlawful searches and statements.

Ineffective Assistance

Claims that counsel's performance fell below constitutional standards and harmed your defense.

Sentencing Errors

Errors in applying enhancements, consecutive rules, or exceeding legal standards.

"Mark was communicative throughout the process, and he really cared about my case and getting results. He kept all expectations grounded in reality. This is the guy you want on your side!"
K

Kalen

Verified Client, 2023

Frequently Asked Questions

How long does a post-conviction case take?

Can I appeal after a guilty plea?

Do I need my transcripts to start the process?

What if my direct appeal window has passed?